Firefighter Bill of Rights

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The Firefighters Bill of Rights (FBOR) gives California firefighters the fairest, most extensive on-the-job protections enjoyed by any public employee in the state. It was enacted in 2007 after a 20-year effort by California Professional Firefighters.

Prohibits unreasonable interrogations
Ensures that individuals are advised of rights to representation
Bans unwanted search of personal property
Bans forced polygraph testing
Allows recording of interrogations
Preserves appeal rights

This page outlines the specifics of the law, details scenarios and responses and includes a legal statement that can be recorded and used as evidence in the event of an illegal or forced interrogation.

Knowing Your Rights Can Save Your Job.

If you find you’re being asked questions that might result in disciplinary action or criminal prosecution:

Ask if you are at risk of disciplinary action.
Ask for union representation before responding to any questions.
Insist that any statement be tape recorded.
Don’t volunteer to take alie-detector, alcohol or drug test.
Don’t reveal any personal financial information without a court order.
Make note of physical or verbal abuse, threats, extortion or any other attempt to compel your answers.

Non-Waiver Statement

If you’re compelled to make a statement or answer questions in violation of your right to representation or any of the rights listed above, demand that it be recorded and read the following:

I am making this statement involuntarily, in compliance with a direct order made under penalty of sanction and/or termination. In compelling my statement without representation, you are in violation of the California Government Code, Sections 3250 through 3262, and are subject to civil penalties prescribed by law. I do not waive any of my rights under this law, our current union contract, any other local, state or federal law, or my right to remain silent under the Fifth and Fourteenth Amendments of the United States Constitution.

You Have The Right …

To know if you are under investigation
To representation before answering any questions
To tape record any questioning
To have copies of all recordings and transcripts
To a written offer of immunity from criminal prosecution
To be questioned on-duty at a reasonable time
To be reassigned only to another normal department job during any probe
To review and sign adverse comment in any personnel-related file before it’s submitted
To attach a response to any adverse comment before it’s submitted

Never Answer Questions Without Representation

Before Any Questioning, Your Employer Must …

Tell you if you’re under investigation for misconduct
Tell you if your responses could result in discipline
Tell you the nature of any possible charges
Tell you who will be conducting any investigation
Tell you who will be interrogating you
Offer you written immunity from criminal prosecution
Authorize tape recording of any inquiry

Your Employer May Not …

Force you to answer questions without representation
Interrogate you off-duty without compensation
Subject you to physical or verbal abuse
Subject you to threats or promise of reward
Compel you to take a lie-detector test
Discipline you for refusing to take a lie-detector test
Search your private space without court order, unless you are present or give consent
Force you to reveal personal financial data, except by law or court order

Always Ask: “Can This Lead To Disciplinary Action?”
If The Answer Is “Yes,” Ask For Representation